21LE110301200041_MARICOPA COUNTY COOPERATIVE LAW ENFORCEMENT AGREEMENT.PDF

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FS Agreement No. 21-LE-11031200-041
Cooperator Agreement No.
COOPERATIVE LAW ENFORCEMENT AGREEMENT
Between The
MARICOPA COUNTY
And The
USDA, FOREST SERVICE
TONTO NATIONAL FOREST
This COOPERATIVE LAW ENFORCEMENT AGREEMENT (‘Agreement’) is entered into by
and between Maricopa County on behalf of the Maricopa County Sheriff’s Office, hereinafter
referred to as “Cooperator,” and the USDA, Forest Service, Tonto National Forest, hereinafter
referred to as the “U.S. Forest Service,” under the provisions of the Cooperative Law
Enforcement Act of August 10, 1971, Pub. L. 92-82, 16 U.S.C. 551a.
Background: The parties to this agreement recognize that public use of National Forest System
lands (NFS lands) is usually located in areas that are remote or sparsely populated. The parties
also recognize that the enforcement of State and local law is related to the administration and
regulation of NFS lands and the Cooperator has/have a limited amount of financing to meet their
responsibility of enforcing these laws.
Title: Maricopa County Law Enforcement Agreement
I. PURPOSE:
The purpose of this agreement is to document a cooperative effort between the parties to
enhance State and local law enforcement in connection with activities on NFS lands and
provide for reimbursement to the Cooperator for the intensified portion of this effort.
In consideration of the above premises, the parties agree as follows:
II. THE COOPERATOR SHALL:
A. Perform in accordance with the approved and hereby incorporated Financial and
Operating Plan attached as Exhibit A. See related Provision IV-E.
B. Ensure that the officers/agents of the Cooperator performing law enforcement
activities under this agreement meet the same standards of training required of the
officers/agents in their jurisdiction, or the State Peace Officers Standards of Training
where they exist.
C. Provide uniformed officers/agents with marked vehicles to perform all activities
unless agreed to otherwise in the Operating Plan.
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D. Advise the U.S. Forest Service Principal Contact, listed in Provision IV-B, of any
suspected criminal activities in connection with activities on NFS lands.
E. Upon the request of the U.S. Forest Service, dispatch additional deputies within
manpower capabilities during extraordinary situations as described in Provision IV-J.
F. Complete and furnish annually the U.S. Forest Service with Form FS-5300-5,
Cooperative Law Enforcement Activity Report, identifying the number of crimes
occurring on NFS lands. The report shall follow the FBI Uniform Crime Reporting
groupings, Part I and Part II offenses. Offenses and arrest information shall be
combined and reported for each crime. This report shall separate the crimes handled
under this agreement from those handled during regular duties.
G. Provide the U.S. Forest Service Principal Contact, listed in Provision IV-B, with case
reports and timely information relating to incidents/crimes in connection with
activities on NFS lands.
H. Bill the U.S. Forest Service for the Cooperator’s actual costs incurred to date,
displayed by separate cost elements, excluding any previous U.S. Forest Service
payment(s) made to the date of the invoice, not to exceed the cumulative funds
obligated hereunder and as specified on the Operating Plan. Billing frequency will be
as specified in the Operating Plan. See related Provisions III-B, IV-I, and IV-P.
I. Give the U.S. Forest Service or Comptroller General, through any authorized
representative, access to and the right to examine all records related to this agreement.
As used in this provision, “records” include books, documents, accounting procedures
and practices, and other data, regardless of type and regardless of whether such items
are in written form, in the form of computer data, or in any other form.
J. Comply with all Federal statutes relating to nondiscrimination and all applicable
requirements of all other Federal laws, Executive Orders, regulations, and policies.
These include, but are not limited to Sections 119 and 504 of the Rehabilitation Act
of 1973 as amended, which prohibits discrimination on the basis of race, color,
religion, sex, age, national origin, marital status, familial status, sexual orientation,
participation in any public assistance program, or disability.
K. Maintain current information in the System for Award Management (SAM) until
receipt of final payment. This requires review and update to the information at least
annually after the initial registration, and more frequently if required by changes in
information or agreement term(s). For purposes of this agreement, System for Award
Management (SAM) means the Federal repository into which an entity must provide
information required for the conduct of business as a Cooperative. Additional
information about registration procedures may be found at the SAM Internet site at
www.sam.gov.
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L. Monitor the U.S. Forest Service radio during the following time period(s): For any
emergency or assistance between the dates of last signature and December 31, 2025.
Address any concerns or notify/ request assistance from the U.S. Forest Service as
required in the judgment of the Cooperator.
III. THE U.S. FOREST SERVICE SHALL:
A. Perform in accordance with the Operating Plan attached as Exhibit A.
B. Reimburse the Cooperator for actual expenses incurred, not to exceed the estimated
amount shown in the Operating Plan/Modification. The U.S. Forest Service will make
payment for project costs upon receipt of an invoice. Each correct invoice shall display
Cooperator’s actual expenditures to date of the invoice, displayed by separate cost
elements as documented in the Operating Plan, less any previous U.S. Forest Service
payments. See related Provisions II-H and IV-I. The invoice should be forwarded as
follows:
Submit original invoice(s) for Send copy to:
payment to:
USDA, Forest Service Bray Addison, Patrol Captain
Albuquerque Service Center U.S. Forest Service
Payments – Grants & Agreements Tonto National Forest
101B Sun Avenue NE 2324 East McDowell Rd.
Albuquerque, NM 87109 Phoenix, AZ 85006
FAX: (877) 687-4894 Phone: 602/225-5241
E-Mail: asc_ga@fs.fed.us E-Mail: brayaddison@usda.gov
IV. IT IS MUTUALLY UNDERSTOOD AND AGREED UPON BY AND BETWEEN THE
PARTIES THAT:
A. The parties will make themselves available, when necessary to provide for continuing
consultation, exchange information, aid in training and mutual support, discuss the
conditions covered by this agreement and agree to actions essential to fulfill its purposes.
B. The principal contacts for this agreement are:
Principal Cooperator Contacts:
Cooperator Program Contact Cooperator Administrative Contact
Name: Capt. David Lee #S1695, Name: Cindy Kenney, Grant Administrator
Maricopa County Sheriff’s Office, Lake Maricopa County Sheriff’s Office
Patrol Division Address: 550 W. Jackson Street, 4th Floor
Address: 7307 N. Bush Highway City, State, Zip: Phoenix, AZ 85003
City, State, Zip: Mesa, AZ 85205 Telephone: 602-876-3266
Telephone: 602-876-1656 FAX: 602-876-0072
FAX: 480-981-7908 Email: C_Kenney@mcso.maricopa.gov
Email: D_lee@mcso.maricopa.gov
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Principal U.S. Forest Service Contacts:
U.S. Forest Service Program Manager U.S. Forest Service Administrative
Contact Contact
Name: Bray Addison, Patrol Captain Name: Rocco Minetti, Program Assistant
Address: 2324 East McDowell Road Address: 2324 East McDowell Road
City, State, Zip: Phoenix, AZ 85006 City, State, Zip: Phoenix, AZ 85006
Telephone: 602-225-5241 Telephone: 602-225-5297
FAX: 602-225-5286 FAX: 602-876-0072
Email: brayaddison@usda.gov Email: C_Kenney@mcso.maricopa.gov
C. The Operating Plan will be negotiated at the beginning of the project. A modification will
be done on a calendar year basis. At the end of the year, funds not spent may be carried
forward to the next year, or deobligated at the request of the U.S. Forest Service. Upon
expiration of the Cooperative Law Enforcement Agreement, funds not spent will be
deobligated.
D. This agreement has no effect upon the Cooperator’s right to exercise civil and criminal
jurisdiction on NFS lands nor does this agreement have any effect upon the responsibility
of the U.S. Forest Service for the enforcement of federal laws and regulations relative to
NFS lands.
E. Any Operating Plan added to this agreement will be jointly prepared and agreed to by the
parties. The Operating Plan shall at a minimum contain:
1. Specific language stating that the Operating Plan is being added to this agreement
thereby subjecting it to the terms of this agreement.
2. Specific beginning and ending dates.
3. Bilateral execution prior to any purchase or the performance of any work for
which reimbursement is to be made.
4. Specify any training, equipment purchases, and enforcement activities to be
provided and agreed rates for reimbursement including the maximum total
amount(s) for reimbursement.
5. An estimate of the useful life of any equipment purchased under this agreement as
required by Provision IV-K.
6. Billing frequency requirement(s). See related Provisions II-H and III-B.
7. Designation of specific individuals and alternate(s) to make or receive requests
for enforcement activities under this agreement.
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8. A review and signature of a U.S. Forest Service Agreements Coordinator.
F. Nothing in this agreement obligates either party to accept or offer any Operating Plan
under this agreement.
G. The officers/agents of the Cooperator performing law enforcement activities under this
agreement are, and shall remain, under the supervision, authority, and responsibility of.
Law enforcement provided by the Cooperator and its employees shall not be considered
as coming within the scope of federal employment and none of the benefits of federal
employment shall be conferred under this agreement.
H. Federal Communication Commission procedures will be followed when operating
radio(s) on either party’s frequency.
I. Cooperator’s reimbursable expenses must be: listed in an approved Operating Plan;
expended in connection with activities on NFS lands; and expenses beyond those which
are normally able to provide.
J. During extraordinary situations such as, but not limited to: fire emergency, drug
enforcement activities, or certain group gatherings, the U.S. Forest Service may request
to provide additional special enforcement activities. The U.S. Forest Service will
reimburse Cooperator for only the additional activities requested and not for activities
that are regularly performed by Cooperator.
K. Reimbursement may include the costs incurred by the Cooperator in equipping or training
its officers/agents to perform the additional law enforcement activities authorized by this
agreement. Unless specified otherwise in the Operating Plan, reimbursement for
equipment and training will be limited to a pro rata share based on the percentage of time
an officer/agent spends or equipment is used under this agreement.
When reimbursement for items such as radios, radar equipment, and boats is being
contemplated, reimbursement for leasing of such equipment should be considered. If the
U.S. Forest Service’s equipment purchases are approved in the Operating Plan, an
estimate of the useful life of such equipment shall be included. When purchased,
equipment use rates shall include only operation and maintenance costs and will exclude
depreciation and replacement costs. Whether the Cooperator is/are reimbursed for
lease/purchase costs, or the U.S. Forest Service purchases and transfers the equipment,
the total cost for the equipment cannot exceed the major portion of the total cost of the
Operating Plan unless approved by all parties in the agreement and shown in the
Operating Plan.
When the U.S. Forest Service provides equipment, the transfer shall be documented on an
approved property transfer form (AD-107) or equivalent. Title shall remain with the U.S.
Forest Service, however; the Cooperator shall ensure adequate safeguards and controls
exist to protect loss or theft. The Cooperator shall be financially responsible for any loss
at original acquisition cost less depreciation at the termination of the agreement.
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The Cooperator is/are responsible for all operating and maintenance costs for equipment
that the U.S. Forest Service has reimbursed the Cooperator for and/or transferred to the
Cooperator under the AD-107 process or equivalent.
L. Equipment and supplies approved for purchase under this agreement are available only
for use as authorized. The U.S. Forest Service reserves the right to transfer title to the
U.S. Forest Service of equipment and supplies, with a current per-unit fair market value
in excess of $5,000.00, purchased by Cooperator using any Federal funding. Upon
expiration of this agreement the Cooperator shall forward an equipment and supply
inventory to the U.S. Forest Service, listing all equipment purchased throughout the life
of the project and unused supplies. The U.S. Forest Service will issue disposition
instructions within 120 calendar days, in accordance with equipment regulations
contained in 7 CFR 3016.32.
M. When no equipment or supplies are approved for purchase under an Operating Plan, U.S.
Forest Service funding under this agreement is not available for reimbursement of the
Cooperator’s purchase of equipment or supplies.
N. When State conservation agencies have the responsibility for public protection in
addition to their normal enforcement responsibility, their public protection enforcement
activities may be included in the Operating Plans and are then eligible for reimbursement.
Reimbursement is not authorized to State Conservation Agencies for enforcement of fish
and game laws in connection with activities on NFS lands.
O. Pursuant to 31 U.S.C. 3716 and 7 CFR, Part 3, Subpart B, any funds paid to the
Cooperator in excess of the amount to which the Cooperator is/are finally determined to
be entitled under the terms and conditions of the award constitute a debt to the federal
Government. If not paid within a reasonable period after the demand for payment, the
Federal awarding agency may reduce the debt by:
1. Making an administrative offset against other requests for reimbursements.
2. Withholding advance payments otherwise due to the Cooperator.
3. Taking other action permitted by statute.
Except as otherwise provided by law, the Federal awarding agency shall charge
interest on an overdue debt in accordance with 4 CFR, Chapter II “Federal Claims
Collection Standards” and 31 U.S.C. Chapter 37.
P. Modifications within the scope of the agreement shall be made by mutual consent of the
parties, by the issuance of a written modification, signed and dated by both parties, prior
to any changes being performed. The U.S. Forest Service is not obligated to fund any
changes not properly approved in advance.
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Q. Either party, in writing, may terminate this agreement in whole, or in part, at any time
before the date of expiration. Neither party shall incur any new obligations for the
terminated portion of this agreement after the effective date and shall cancel as many
obligations as is possible. Full credit shall be allowed for each party’s expenses and all
noncancelable obligations properly incurred up to the effective date of termination.
R. PROHIBITION AGAINST INTERNAL CONFIDENTIAL AGREEMENTS: All non
federal government entities working on this agreement will adhere to the below
provisions found in the Consolidated Appropriations Act, 2016, Pub. L. 114-113,
relating to reporting fraud, waste and abuse to authorities:
(a) The recipient may not require its employees, contractors, or
subrecipients seeking to report fraud, waste, or abuse to sign or comply
with internal confidentiality agreements or statements prohibiting or
otherwise restricting them from lawfully reporting that waste, fraud, or
abuse to a designated investigative or law enforcement representative
of a Federal department or agency authorized to receive such
information.
(b) The recipient must notify its employees, contractors, or subrecipients
that the prohibitions and restrictions of any internal confidentiality
agreements inconsistent with paragraph (a) of this award provision are
no longer in effect.
(c) The prohibition in paragraph (a) of this award provision does not
contravene requirements applicable to any other form issued by a
Federal department or agency governing the nondisclosure of
classified information.
(d) If the Government determines that the recipient is not in compliance
with this award provision, it:
(1) Will prohibit the recipient's use of funds under this award, in accordance
with sections 743, 744 of Division E of the Consolidated
Appropriations Act, 2016, (Pub. L. 114-113) or any successor provision of law;
and
(2) May pursue other remedies available for the recipient's material
failure to comply with award terms and conditions.
S. Federal wage provisions (Davis-Bacon or Service Contract Act) are applicable to any
contract developed and awarded under this agreement where all or part of the funding is
provided with Federal funds. Davis-Bacon wage rates apply on all public works
contracts in excess of $2,000 and Service Contract Act wage provisions apply to service
contracts in excess of $2,500. The U.S. Forest Service will award contracts in all
situations where their contribution exceeds 50 percent of the cost of the contract. If the
Cooperator is/are approved to issue a contract, it shall be awarded on a competitive basis.
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T. This agreement in no way restricts the U.S. Forest Service or the Cooperator from
participating in similar activities with other public or private agencies, organizations, and
individuals.
U. In accordance with Executive Order (EO) 13513, “Federal Leadership on Reducing Text
Messaging While Driving,” any and all text messaging by Federal employees is banned:
a) while driving a Government owned vehicle (GOV) or driving a privately owned
vehicle (POV) while on official Government business; or b) using any electronic
equipment supplied by the Government when driving any vehicle at any time. All
cooperators, their employees, volunteers, and contractors are encouraged to adopt and
enforce policies that ban text messaging when driving company owned, leased or rented
vehicles, POVs or GOVs when driving while on official Government business or when
performing any work for or on behalf of the Government.
V. Any information furnished to the U.S. Forest Service under this agreement is subject to
the Freedom of Information Act (5 U.S.C. 552).
W. This agreement is executed as of the date of the last signature and, unless sooner
terminated, shall be effective for a period of five years through DECEMBER 31, 2025.
X. By signature below, each party certifies that the individuals listed in this document as
representatives of the individual parties are authorized to act in their respective areas for
matters related to this agreement. In witness whereof, the parties hereto have executed
this agreement as of the last date written below.
PAUL PENZONE, Sheriff Date
Maricopa County
NEIL BOSWORTH, Forest Supervisor Date
U.S. Forest Service, Tonto National Forest
JACK SELLERS, Chairman Date
Maricopa County Board of Supervisors
JAMES ALFORD Date
Special Agent in Charge, Southwestern Region
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The authority and format of this agreement have been reviewed and approved for
signature.
ANDREA G. SEPULVEDA Date
U.S. Forest Service Grants Management Specialist
Burden Statement
According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not required to respond to a collection of information
unless it displays a valid OMB control number. The valid OMB control number for this information collection is 0596-0217. The time required to complete this
information collection is estimated to average 3 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the collection of information.
In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and
employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex,
gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance
program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all
programs). Remedies and complaint filing deadlines vary by program or incident.
Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language,
etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service
at (800) 877-8339. Additionally, program information may be made available in languages other than English.
To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at How to File a Program
Discrimination Complaint and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form. To
request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by: (1) mail: U.S. Department of Agriculture, Office of the
Assistant Secretary for Civil Rights, 1400 Independence Avenue, SW, Washington, D.C. 20250-9410; (2) fax: (202) 690-7442; or (3) email:
program.intake@usda.gov. USDA is an equal opportunity provider, employer, and lender.
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Maricopa County
ATTEST:
Juanita Garza Date
Clerk of the Board of Supervisors
APPROVED AS TO FORM
This ____ day of ____________________, 2021
By: ___________________________________
Deputy Maricopa County Attorney
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